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HomeMy WebLinkAbout1999.0701.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JULY 1, 1999 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M., Thursday, July 1, 1999, in the Four Peaks Elementary School, located at 17300 E. Calaveras Avenue, Fountain Hills, Arizona. ROLL CALL - Following the pledge to the flag and the invocation given by Pastor Don Schrage of Trinity Lutheran Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Pen Mower and Councilmembers John Wyman, Sharon Hutcheson, Sid Apps, Marianne Wiggishoff,and Al Poma. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen, Town Engineer Randy Harrel, Director of Community Development Jeff Valder and Planners Geir Sverdrup and Dana Burkhardt. Mayor Morgan read the Consent Agenda, which consisted of the following agenda items: AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 17, 1999. AGENDA ITEM#2 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE 2-UNIT PROPERTIES OF PACIFIC SOUTHWEST CONDOMINIUMS XIX (19),LOCATED AT 14421 GALATEA, CASE NUMBER S99-013. AGENDA ITEM #3 - CONSIDERATION OF A FINAL RE-PLAT COMBINING LOTS 6 & 7, BLOCK 2, Ir, PLAT 202,LOCATED 11044 N.SAGUARO BOULEVARD, CASE#S99-017. AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1999-29 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE SOUTHWESTERLY PROPERTY LINE OF PLAT 403A, BLOCK 1,LOT 27(16717 E. KINGSTREE BLVD.) AS RECORDED IN BOOK 155 OF MAPS,PAGE 33 RECORDS OF MARICOPA COUNTY,ARIZONA. (RICK WATTS) AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 1999-30 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE NORTHWESTERLY PROPERTY LINE OF PLAT 204, BLOCK 11, LOT 18 (11008 REGENCY PLACE) AS RECORDED IN BOOK 142 OF MAPS, PAGE 10 RECORDS OF MARICOPA COUNTY,ARIZONA. (PAUL &LINDA BROWN) AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1999-31 ABANDONING THE PUERTO DEL LAGO EMERGENCY ACCESS/WATERLINE EASEMENT. AGENDA ITEM #7 - CONSIDERATION OF APPROVING A CONTRACT WITH HOFMANN-DIETZ ARCHITECTS, LTD. FOR ARCHITECTURAL AND DESIGN SERVICES FOR THE LIBRARY/MUSEUM PROJECT. AGENDA ITEM #8 - CONSIDERATION OF RENEWING THE LEASE MANAGEMENT AGREEMENT WITH THE FOUNTAIN HILLS CIVIC ASSOCIATION FOR MANAGEMENT SERVICES OF THE (1140, COMMUNITY CENTER FOR FISCAL YEAR 1999/2000 IN THE AMOUNT OF$37,400. Town Council Regular Session 7/1/99 Page 1 of 6 AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 1999-32, EXPRESSING ITS POSITION OF COOPERATION WITH THE FORT MCDOWELL/MOHAVE APACHE INDIAN COMMUNITY IN THE ACQUISITION AND PERMANENT PRESERVATION OF TWO SECTIONS OF STATE OWNED LAND IMMEDIATELY ADJACENT TO THE TOWN AND THE COMMUNITY. Councilman Apps MOVED to approve the Consent Agenda as read. Councilwoman Wiggishoff SECONDED the motion. A roll call vote was taken with the following results: Councilman Apps Aye Councilman Wyman Aye Vice Mayor Mower Aye Mayor Morgan Aye Councilman Poma Aye Councilwoman Wiggishoff Aye Councilwoman Hutcheson Aye The motion CARRIED. AGENDA ITEM #10 - PRESENTATION OF A COMMUNITY SERVICE AWARD FROM THE FOUNTAIN HILLS HIGH SCHOOL TO MARSHAL STEVE GENDLER FOR OUTSTANDING SECURITY,AND PROTECTION OF STUDENTS,STAFF AND THE SCHOOL CAMPUS. Michelle Eaton, High School Student Body President and Jean Paisley, High School Principal presented a plaque to the Marshal's Department for their service to the school and students. Public Safety Director Steve Gendler,Officers Adrian Davis and Greg Schlosser were present to accept the award. 4.4) AGENDA ITEM#11 - PUBLIC HEARING ON A PROPOSED DEVELOPMENT AGREEMENT FOR THE EAGLE RIDGE NORTH AND EAGLES NEST AREAS OF THE TOWN, INCLUDING ALTERNATIVE LAND USE/DEVELOPMENT OPTIONS FOR THESE SAME AREAS. Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 6:36 p.m. Town Manager Paul Nordin started the discussion. He stated the development agreement covered approximately 1290 acres of land proposed for development in the foothills of the McDowell Mountains. He displayed a map, which identified the Town-owned areas, preserve areas, wash areas, and the area that would come under town ownership if the development agreement was approved. If approved, the development agreement would allow for 340 homes to be constructed, gating the Eagles Ridge North subdivision, and the Town would pay out the $6 million figure for land preservation previously approved by the voters. Director of Community Development Jeff Valder reviewed the 18 changes in the revised draft of the development agreement. The significant changes dealt with wash ownership, lot transfers, cul de sac waiver language, cut and fill waivers, hillside disturbance allowances, limits on disturbance transfers, the protection of natural features in building envelopes,construction fencing and staking, and future lot splits. Jim Flynn, representing MCO Properties, talked about the development agreement, which was formulated by representatives of the Town and MCO Properties along with Town counsel. He stated the development agreement provided definite parameters when considering the number of units, disturbance allowances, and cut and fill waivers. He said he felt this compromised agreement would benefit both the Town and MCO Properties. Town Council Regular Session 7/1/99 Page 2 of 6 Bill Larson, also representing MCO Properties, talked about the associated land plan. He reminded the Council that the zoning of the mountain property did not need to be changed, that the subdivisions would be constructed in two phases, that visual impact components had been included in the land plan, and that the hillside disturbances were less than in other large subdivisions. He said five cul de sacs did not comply with ordinances because if they did, additional land would be disturbed. Attorney Paul Gilbert, representing MCO Properties, discussed the legal implications and property development rights as protected by state law. He stated the act of condemnation could result in escalated prices for land purchase and expensive legal fees. He said minor waivers requested were similar to other waivers formerly given to other subdivisions. Councilwoman Wiggishoff asked how many of the 501 replatted lots under the Hutcheson revision could be developed upon. Mr. Valder answered that he had not seen the plat with the increased unit count and could not confirm whether how many of those lots could be developed under the current ordinances. Vice Mayor Mower stated the development agreement provided for 310 acres to be purchased for preservation by the Town with a maximum number of lots established at 340 lots. Mr. Valder confirmed this statement. Mr. Valder stated if the Town condemned the 17 acres in question, cul de sacs would need to be modified. After additional comments from the Council, Mayor Morgan opened the floor to comments from the public. There were approximately 300 citizens in attendance. Those addressing the Council with comments, recommendations and opinions were Joe Goyena, Sr., Roy Kinsey, Bob Howes, Harry Stelling, Mark Van Boeckel, Micky Parker, Tom Parker, Jack Fraser, Jane Rau, John Reznick, Fred Pulve, Tom Fox, Susan Holmes, Susan Ralphe, Rose Belage, Janet Davis, John McNeil, Carl Holmes, John Nichols, Bruno, Chuck Newman, Jay Lawrence, Carla, Loras Rauch, Mike Barnhardt, Joe Goyena,Jr., Chris Brandt, Cheri Ringer, Kirk Dunham, Peggy Fiandaca, Mike Polese, Leesa Fraverd, Jane Bell, Doris Elco, Steve Vargo, Jim Flynn, Rich Haas,Adrian Larson, and Frank Koval. Those speaking in support of the development agreement felt it was a fair, negotiated agreement that had been in the making for more than a year. They felt it adequately controlled growth in a responsible manner and that the property owner should not be denied his development rights to the property. Those opposed to the development agreement felt that the developer should follow all the subdivision rules, that there were too many cut and fill waivers being requested, that the plan was not an environmentally sensitive plan and that the development agreement did not meet preservation goals. Additional questions regarding access to wash areas contained within the gated subdivision were also raised. Both the McDowell Mountain Preservation Commission and the Planning&Zoning Commission had recommended denial of the development agreement. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 8:45 p.m. AGENDA ITEM #12 - CONSIDERATION OF RESOLUTION 1999-33, APPROVING THE EAGLES NEST/EAGLES RIDGE NORTH DEVELOPMENT AGREEMENT. Councilman Wyman MOVED to approve Resolution 1999-33 as presented. Councilwoman Wiggishoff SECONDED the motion. Mayor Morgan announced that prior to taking a vote, each Councilperson would be given a chance to make a statement. Councilman Wyman asked that his comments be incorporated into the Town's records. A complete copy of the Eagles Nest/Eagles Ridge North Development Agreement would be placed in the Clerk's office for public view upon request. Upon a roll call vote, the motion FAILED with a 4-3 vote. Councilwoman Wiggishoff and Councilmen Wyman and Mower cast the aye votes. L Town Council Regular Session 7/1/99 Page 3 of 6 AGENDA ITEM#13 - CONSIDERATION OF AWARDING THE FIVE BID SECTIONS OF THE ANNUAL LANDSCAPING CONTRACT. Director of Parks & Recreation Robin Goodman reviewed the five bid sections for all publicly owned properties including the School District's properties. She stated the total of the five sections was contained in the staff report ($533,267.75). Councilman Poma MOVED to approve the five bid sections of the annual landscaping contract as outlined by Director of Parks and Recreation Robin Goodman. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #14 - CONSIDERATION OF THE OBJECTION TO THE TEMPORARY USE PERMIT RECEIVED ON TU99-03, A REQUEST FOR DAYCARE FACILITIES AT THE FIRST ASSEMBLY OF GOD CHURCH LOCATED AT 16239 EAST IRONWOOD DRIVE. Planner Dana Burkhardt stated the objection submitted concerned the child-play area that was proposed in connection with the request for daycare facilities. He said that area was within 50' of an adjacent residence, the owners of which were concerned about the noise levels becoming a nuisance along with additional drainage concerns. He said staff recommended approval of the temporary use permit along with the stipulation that the child-play area would not be located at the western boundary by the drainage corridor. Councilman Poma MOVED to approve the temporary use permit with staff stipulation. Councilman Wyman SECONDED the motion. Pastor Scott Van Lanken, of the First Assembly of God Church, stated one of the reasons for locating the child-play area on the west side was because of the hillside restriction and the parking lot location. He said other options were to remove six parking spaces on the south end of the parking lot to accommodate the play area or use the ten-foot parcel by the hillside area. Chris Brandt and Mike Kurveikas voiced their concerns before the Council. Councilwoman Wiggishoff MOVED to amend the motion to delete the stipulation and add a new stipulation that the playground could be located on the southeastern edge of the parking lot as long as the required number of parking spaces were maintained. Councilman Poma SECONDED the amendment, which CARRIED with a 6-1 vote. Councilman Wyman cast the nay vote. Pastor Von Lanken stated the capacity of the daycare center would accommodate from 50-70 children and the temporary use hours allowed them to be open from 6:00 a.m. to 8:00 p.m. The vote on the original motion CARRIED with a 5-2 vote. Councilwoman Wiggishoff and Councilman Wyman cast the nay votes. AGENDA ITEM #15 - PUBLIC HEARING ON A PROPOSED TEXT AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS THAT WOULD ALLOW FOR ADDITIONAL LAND DISTURBANCE BEYOND 4 TIMES THE FOOTPRINT UNDER CERTAIN CONDITIONS, CASE NUMBER Z99-14. Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 9:55 p.m. Planner Geir Sverdrup reviewed the text amendment which would allow the Community Development Director discretion in determining areas to be preserved during construction, under certain circumstances. Councilman Poma stated he was pleased that this amendment was being presented for approval. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 9:58 p.m. Town Council Regular Session 7/1/99 Page 4 of 6 AGENDA ITEM #16 - CONSIDERATION OF ORDINANCE 99-20 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS THAT WOULD ALLOW FOR ADDITIONAL LAND DISTURBANCE BEYOND 4 TIMES THE FOOTPRINT UNDER CERTAIN CONDITIONS, CASE lw NUMBER Z99-14. Councilman Poma MOVED to approve Ordinance 99-20 as presented. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #17 - CONSIDERATION OF COUNCIL INITIATION OF A TEXT AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS AMENDING CHAPTER 18. SECTION 18.08 ADDING DESIGN GUIDELINES FOR THE TOWN CENTER COMMERCIAL ZONING DISTRICT. Planner Geir Sverdrup stated that when the Town Center Commercial Zoning District was adopted, the Council was given the ability to approve design guidelines of plans for the TCC district. He said staff had worked closely with MCO Properties to create a set of design guidelines in booklet format, which upon approval, would be converted into ordinance format. Councilwoman Wiggishoff MOVED to proceed with the initiation of a text amendment as outlined by Mr. Sverdrup. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #18 - CONSIDERATION OF THE TOWN'S APPLICATION TO "WAIVER OUT" OF THE ALTERNATIVE FUEL PROGRAM MANDATES AS REQUIRED BY THE ARIZONA DEPARTMENT OF COMMERCE ENERGY OFFICE. Town Engineer Randy Harrel affirmed that the Town currently had two alternative fueled vehicles and had experienced many problems with these vehicles. He said this request would be consistent with a previous waiver out in 1995 and the State application deadline was in one week. Councilman Wyman MOVED to approve the alternative fuel program waiver out application. Councilwoman Wiggishoff SECONDED the motion. Councilwoman Hutcheson asked why there was so much down time on one of the new vehicles which was under warranty. Mr. Harrel answered that this vehicle was one of the first ones to come out on the market and that he believed the problems were being addressed and covered under the warranty. After the warranty expires, he said he might have to review the costs, down time and the probability of continuing with the propane gas. Councilman Apps said he was concerned about government becoming more involved and taking action to address pollution in the county. He stated he thought any employee taking a vehicle out of town should be driving an alternative fueled vehicle. Councilman Wyman asked about the waiver. Mr. Harrel stated that the application needed to be submitted to the State before the waiver out would be accepted. Councilman Apps pointed out that emissions were reduced by 95% when propane fuel was used. Mark VanBoeckel stated his experience was that alternative fueled vehicles ran cleaner and that the government of Fountain Hills should set an example to local residents and other towns regardless of the cost. The motion FAILED with a 5-2 roll call vote. Councilwoman Wiggishoff and Vice Mayor Mower cast the aye votes. Mr. Harrel asked the Council for further direction as to how to proceed. Councilman Apps offered his assistance. L Town Council Regular Session 7/1/99 Page 5 of 6 AGENDA ITEM #19 - CONSIDERATION OF AUTHORIZING AN INCREASE ON STREETS ANNUAL CONTRACTS. Town Engineer Randy Harrel asked the Council to approve the contract amounts for concrete, asphalt, slurry seal and emulsion seal contracts for the 99/00 budget year authorizations. Vice Mayor Mower MOVED to approve the authorization on the streets annual contracts. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #20 - CONSIDERATION OF THE ADOPTION OF THE TENTATIVE BUDGET FOR THE FISCAL YEAR 1999/00 WITH APPROPRIATE DIRECTION TO PUBLISH SAID DOCUMENT IN ACCORDANCE WITH STATE LAW. THE COUNCIL MAY ADDRESS ANY OR ALL ITEMS CONTAINED IN THE BUDGET DOCUMENT,INITIATING ANY SUGGESTED CHANGES PRIOR TO ADOPTION. Councilman Wyman MOVED to adopt the tentative budget for the fiscal year 1999/00 with all budget changes made by the Council during their two budget workstudy meetings on June 29`h and June 30th and to publish said document for public review. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#21 - CALL TO THE PUBLIC There were no comments from the public. AGENDA ITEM#22-ADJOURNMENT. 4111111) Councilman Apps MOVED to adjourn the meeting. Vice Mayor Mower SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 10:22 p.m. TOWN OF FOUNTAIN HILLS Bf i( ev ��! `zt G7 —_ /U-44 ti4� Sharon Morgan,Mayor A 1"1'hST: Cassie B.Hansen,Town Clerk PREPARED BY: Linda D.Lemmen,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting held by the Town Council of Fountain Hills on the 1st day of July, 1999. I further certify that the meeting was duly called and that a quorum was present. Dated this 5th day of August, 1999. ) """4"44-11'1‘ „414 Cassie B. Hansen,Town Clerk Town Council Regular Session 7/1/99 Page 6 of 6